The victim, Ayni Hussein Mahammud, has opposed the move, arguing that the withdrawal would deny her justice in a serious human rights matter.
The ODPP applied to withdraw the charges under Section 87(a) of the Criminal Procedure Code on July 23, 2025.
DPP seeks to withdraw charges against police officers
The matter came before Milimani Chief Magistrate Lucas Onyina, where the prosecution informed the court that it intended to withdraw the charges.
The DPP argued that the complainant had not shown that the prosecution acted in bad faith.
He also argued that the complainant had not demonstrated exceptional circumstances that would allow the court to stop the ODPP from carrying out its constitutional mandate.
According to the DPP, the complainant must prove that the decision was made without considering the interests of justice.
The prosecution further argued that the decision must amount to an abuse of the legal process before the court can intervene.
“Your honour, once the accused persons were charged before this court, they were interdicted. They have therefore been on half salary since January, 2025 and have already suffered their pain,” the DPP told the court.
The prosecution also informed the court that the two officers had undergone disciplinary proceedings.
Police officers accused of torture and abuse of office
The two accused officers are former Eastleigh North Police Station Commander (OCS) Rebecca Muraya and her junior, Abdisalam Ahmed.
They are charged with intentionally and unlawfully ordering the arrest of Ayni Hussein Mahammud on December 31, 2021.
The two officers allegedly detained Ayni at Muthaiga Police Station for two days.
Muraya and Abdisalam also face charges of abuse of office contrary to Section 10(1), as read with Section 102 of the Penal Code.
They denied the charges before Milimani Chief Magistrate Lucas Onyina.
The magistrate allowed them to remain free on a bond of Sh500,000, which they had deposited when they first appeared in court.
Victim challenges alleged disciplinary proceedings
The DPP’s move to withdraw the case was strongly opposed by Ayni, who is also the complainant.
She said she was not aware of any disciplinary proceedings against the accused officers.
Ayni also stated that she had not received any report or evidence showing that such proceedings took place.
In her statement opposing the withdrawal, she argued that the DPP had not provided any documents to support the claims.
She said the ODPP had failed to present evidence in the form of summons from the Internal Affairs Unit (IAU), orderly room proceedings, rulings, or any other material evidence.
“I have never been called to testify or record a statement to state my case at the IAU. This leads to only one conclusion, the ODPP is misleading and hoodwinking this court,” Ayni said.
Ayni accuses ODPP of misleading court
The victim argued that the case involves serious human rights violations.
She stated that the charges relate to torture, which is recognised as an international crime.
Ayni questioned why the ODPP wanted to withdraw the case without first proving that disciplinary proceedings had taken place.
“Why would they not at least satisfy the victim or the court that the disciplinary proceedings they take refuge in to withdraw this case have taken place?” she asked.
Through Abdullahi & Associates Advocates, Ayni wants the court to direct the state to provide evidence of the alleged disciplinary proceedings.
Victim raises double jeopardy concerns
Ayni argued that the principle of double jeopardy requires the ODPP to demonstrate whether the accused officers were tried before the IAU.
She said the state must show whether the officers were acquitted or convicted during the alleged disciplinary process.
“How would the court be able to determine that in the instant case without the benefit of any evidence to that end?” Ayni questioned.
The victim has asked the court to reject the withdrawal request.
She wants the court to protect her constitutional rights and uphold the rule of law.
Background of the case
The charges against Muraya and Abdisalam arose from an incident where they allegedly declined to arrest Jama for assaulting Ayni.
Jama was later charged after the Directorate of Criminal Investigations (DCI) took over the matter.
He was prosecuted at the Makadara Law Courts, convicted, and fined Sh100,000 for assaulting Ayni.
Ayni had written to Magistrate Onyina on April 15, 2025, protesting the delay in prosecuting Muraya and Abdisalam.
She argued that the delay was concerning given the seriousness of the alleged human rights violations.
The court will deliver its ruling on the DPP’s application to withdraw the case on September 2, 2025.
